217Persons liable to chargeU.K.
(1)The persons liable to the lifetime allowance charge are—
(a)the individual, and
(b)the scheme administrator of the pension scheme,
and their liability is joint and several.
[F1(1A)Subsection (1) is subject to subsections (2) and (2A).]
(2)[F2Where] the liability arises by reason of the payment of a relevant lump sum death benefit it is a liability of the person to whom the lump sum death benefit is paid.
[F3(2A)Where the liability arises by reason of a designation mentioned in the description of benefit crystallisation event 5C, it is a liability of the dependant or nominee (as the case may be).]
(3)Subsection (4) applies if—
(a)more than one relevant lump sum death benefit is paid in respect of an individual, and
(b)tax is not chargeable on the whole amount of all of them.
(4)In that case each of the persons to whom any of the relevant lump sum death benefits is paid is liable under subsection (2) to such portion of the total amount of the tax payable by reason of their having been paid as appears to the Inland Revenue to be just and reasonable.
(5)A person is liable to the lifetime allowance charge whether or not—
(a)that person,
(b)any other person who is liable to the lifetime allowance charge, and
(c)the scheme administrator (if not so liable),
are residentF4... or domiciled in the United Kingdom.
Textual Amendments
F1S. 217(1A) inserted (17.12.2014) by Taxation of Pensions Act 2014 (c. 30), Sch. 2 para. 22(2)
F2Word in s. 217(2) substituted (17.12.2014) by Taxation of Pensions Act 2014 (c. 30), Sch. 2 para. 22(3)
F3S. 217(2A) inserted (17.12.2014) by Taxation of Pensions Act 2014 (c. 30), Sch. 2 para. 22(4)
F4Words in s. 217(5) omitted (with effect in accordance with Sch. 46 para. 132 of the amending Act) by virtue of Finance Act 2013 (c. 29), Sch. 46 para. 127
Modifications etc. (not altering text)
C1S. 217 modified (6.4.2006) by The Registered Pension Schemes (Splitting of Schemes) Regulations 2006 (S.I. 2006/569), regs. 1(1), 3(1)(2), Sch. 3 Pt. 1
C2Ss. 214-226 applied by 2003 c. 1, s. 636A(5) (as inserted (6.4.2006) by Finance Act 2004 (c. 12), s. 284(1), Sch. 31 para. 11 (with Sch. 36))
C3Ss. 214-226 applied (with modifications) (1.5.2010) by The Financial Assistance Scheme (Tax) Regulations 2010 (S.I. 2010/1187), regs. 1(1), 5-11
Commencement Information
I1Ss. 160-274, 281, Schs. 30-35 in force at 6.4.2006 but any power to make an order or regulations under those provisions may be exercised at any time after Royal Assent, see s. 284